Section 34(3) in The West Bengal Non-Agricultural Tenancy Act, 1949
(3)Such suit may be instituted on any of the following grounds and on no other ground, namely :-(a)that the land is not liable to the payment of rent;(b)that the land although entered in the record-of-rights as being held rent-free is liable to the payment of rent;(c)that the relation of landlord and tenant does not exist;(d)that in the record-of-rights the land has been wrongly recorded as part of a particular estate or tenancy or wrongly omitted from the lands of any estate or tenancy;(e)that in the record-of-rights there has been any omission of an undertenant or such under-tenant has been wrongly recorded as holding the land rent-free ;(f)that in the record-of-rights the special conditions and incidents of the tenancy have not been recorded or have been wrongly recorded;(g)that in the record-of-rights any right of way or other easement attached to the land has not been recorded or has been wrongly recorded;(h)that the land has been wrongly recorded in the settlement rent-roll as non-agricultural land; and(i)that there has been an omission to estimate fair and equitable rents in respect of any land under this Act.
